Dinesh and 5 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 36313 of 2023 Applicant :- Dinesh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Yadav Counsel for Opposite Party :- G.A.,Syed Fahim Ahmed Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party No.1, learned counsel for opposite party No. 2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet dated 20.10.2022, summoning order dated 20.02.2023 and proceedings of Case No. 2216 of 2023 (State Vs. Dinesh and others) arising out of Case Crime No. 284 of 2022, under Section 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bhawanpur, District Meerut, pending in the court of learned Judicial Magistrate/Additional Civil Judge (Junior Division), Court No. 5, Meerut, on the basis of compromise between the parties concerned.

¶3Filtering out unnecessary details, the basic facts in brief, which are necessary for disposal of this case as argued by the learned counsel for the applicants are that applicants who are six in numbers, namely, Dinesh, Kailash @ Kailash Chand, Smt. Munesh, Govind, Suresh and Naresh are husband, father-in-law, mother-in-law and brothers-in-law of opposite party no. 2 respectively. Marriage of applicant no.1 was solemnized on 07.12.2020 with opposite party no.2, but on account of acrimonious relation between them, their marriage was not successful, as a result thereof, opposite party no.2 lodged F.I.R. on

24.08.2022 against the applicants making allegations of her harassment in her matrimonial home, in which after culmination of investigation, charge sheet was submitted on 20.10.2022 against them, on which the Magistrate concerned took cognizance and summoned them to face trial vide order dated 20.02.2023. Thereafter, parties concerned have settled their disputes outside the Court and they have filed a divorce petition under Section 13B(I) of Hindu Marriage Act, registered as Case No. 518 of 2023, before the Principal Judge, Family Court, Meerut, which has been allowed vide order dated 09.03.2023. Thereafter, they have also filed a compromise application dated 13.03.2023 before the Civil Judge, Junior Division, Court No.5, Meerut. The certified copy of the said compromise application has been brought on record as Annexure No. 4 to this application.

¶4On the strength of aforesaid facts, it is submitted by learned counsel for the applicants that on account of compromise arrived at between the parties concerned, all disputes between them have come to an end, therefore, aforesaid criminal proceeding against the applicants is liable to be quashed by this Court.

¶5Learned Additional Government Advocate as well as learned counsel appearing on behalf of opposite party no.2 do not dispute the aforesaid facts. Learned counsel for opposite party no. 2 has also submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, opposite party no.2 does not want to prosecute the applicants and has no objection if the impugned criminal proceedings against the applicants is quashed.

¶6After having heard the arguments of learned counsel for the parties, I find that after settlement arrived at between the parties in the present case, the chance of ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution against the applicants to continue, as the same would be futile exercise and a sheer wastage of precious time of the Court. The continuation of a criminal proceedings after compromise would cause oppression and prejudice to the parties concerned. If the parties concerned want to bury the hatchet and are willing to move on in a matrimonial dispute on the basis of compromise, they may be allowed to compound the offences in terms of settlement, because in such circumstances the proceedings can hardly be taken to their logical culmination and, the prospect of conviction gets lost.

¶7Considering the facts and circumstances of the case in the light of dictum and guidelines laid down by the Apex Court in case of B.S. Joshi and others Vs. State of Haryana and another, (2003) 1 SCC

(Cri) 848 and State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296, this Court feels that this is a fit case, where this Court can exercise its inherent power to secure the ends of justice. In the case in hand interest of justice would be met, if the prayer of parties is acceded to and the criminal proceedings and other litigation between the parties are brought to an end.

¶8In view of the above, impugned charge sheet, impugned summoning order and impugned criminal proceedings of aforesaid Case against the applicants are hereby quashed.

¶9In the conspectus of the aforesaid, this application under Section 482 Cr.P.C. is allowed in terms of compromise as mentioned above. Order Date :- 11.12.2023 Kashifa High Court of Judicature at Allahabad